{"identifier":"/us/usc/t49/s41717","title":49,"num":"\u00a7\u202f41717.","heading":"Interim application of slot rules at Chicago O\u2019Hare International Airport","text":"\u00a7\u202f41717.\nInterim application of slot rules at Chicago O\u2019Hare International Airport\n(a)\nSlot Operating Window Narrowed.\u2014\nEffective\nJuly 1, 2001\n(b)\nExemptions for Air Service to Small and Nonhub Airports.\u2014\nEffective\n(1) if the air carrier was not providing such air transportation during the week of\nNovember 1, 1999\n(2) if the number of flights to be provided between such airports by the air carrier during any week will exceed the number of flights provided by the air carrier between such airports during the week of\nNovember 1, 1999\n(3) if the air transportation to be provided under the exemption will be provided with a regional jet as replacement of turboprop air transportation that was being provided during the week of\nNovember 1, 1999\n(c)\nExemptions for New Entrant and Limited Incumbent Air Carriers.\u2014\n(1)\nIn general.\u2014\nThe Secretary shall grant, by order, 30 exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations, to any new entrant air carrier or limited incumbent air carrier to provide air transportation to or from Chicago O\u2019Hare International Airport.\n(2)\nDeadline for granting exemptions.\u2014\nThe Secretary shall grant an exemption under paragraph (1) within 45 days of the date of the request for such exemption if the person making the request qualifies as a new entrant air carrier or limited incumbent air carrier.\n(d)\nSlots Used To Provide Turboprop Service.\u2014\n(1)\nIn general.\u2014\nExcept as provided in paragraph (2), a slot used to provide turboprop air transportation that is replaced with regional jet air transportation under subsection (b)(3) may not be used, sold, leased, or otherwise transferred after the date the slot exemption is granted to replace the turboprop air transportation.\n(2)\nTwo-for-one exception.\u2014\nAn air carrier that otherwise could not use 2 slots as a result of paragraph (1) may use 1 of such slots to provide air transportation.\n(3)\nWithdrawal of slot.\u2014\nIf the Secretary determines that an air carrier that is using a slot under paragraph (2) is no longer providing the air transportation that replaced the turboprop air transportation, the Secretary shall withdraw the slot that is being used under paragraph (2).\n(4)\nContinuation.\u2014\nIf the Secretary determines that an air carrier that is using a slot under paragraph (2) is no longer providing the air transportation that replaced the turboprop air transportation with a regional jet, the Secretary shall withdraw the slot being used by the air carrier under paragraph (2) but shall allow the air carrier to continue to hold the exemption granted to the air carrier under subsection (b)(3).\n(e)\nInternational Service at O\u2019Hare Airport.\u2014\n(1)\nTermination of requirements.\u2014\nSubject to paragraph (2), the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations, shall be of no force and effect at Chicago O\u2019Hare International Airport after\nMay 1, 2000\n(2)\nException relating to reciprocity.\u2014\nThe Secretary may limit access to Chicago O\u2019Hare International Airport with respect to foreign air transportation being provided by a foreign air carrier domiciled in a country to which an air carrier provides nonstop air transportation from the United States if the country in which that carrier is domiciled does not provide reciprocal airport access for air carriers.\n(f)\nStage 3 Aircraft Required.\u2014\nAn exemption may not be granted under this section with respect to any aircraft that is not a Stage 3 aircraft (as defined by the Secretary).\n(g)\nPreservation of Certain Existing Slot-Related Air Service.\u2014\nAn air carrier that provides air transportation of passengers from Chicago O\u2019Hare International Airport to a small hub airport or nonhub airport, or to an airport that is smaller than a nonhub airport, on or before the date of the enactment of this subsection pursuant to an exemption from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), or where slots were issued to an air carrier conditioned on a specific airport being served, may not terminate air transportation service for that route for a period of 1 year after the date on which those requirements cease to apply to such airport unless\u2014\n(1) before\nOctober 1, 1999\n(2) after\nSeptember 30, 1999","url":"https://projectusc.org/usc/t49/s41717.html","content":[{"t":"sec","id":"/us/usc/t49/s41717","children":[{"t":"num","text":"\u00a7\u202f41717."},{"t":"heading","text":"Interim application of slot rules at Chicago O\u2019Hare International Airport"},{"t":"subsec","id":"/us/usc/t49/s41717/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Slot Operating Window Narrowed.\u2014"},{"t":"content","text":"Effective ","children":[{"t":"text","text":"July 1, 2001","tail":", the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations, do not apply with respect to aircraft operating before 2:45 post meridiem and after 8:14 post meridiem at Chicago O\u2019Hare International Airport."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s41717/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Exemptions for Air Service to Small and Nonhub Airports.\u2014"},{"t":"chapeau","text":"Effective ","children":[{"t":"text","text":"May 1, 2000","tail":", subject to section 41714(i), the Secretary of Transportation shall grant, by order, exemptions from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), to any air carrier to provide nonstop air transportation, using an aircraft with a certificated maximum seating capacity of less than 71, between Chicago O\u2019Hare International Airport and a small hub or nonhub airport\u2014"}]},{"t":"para","id":"/us/usc/t49/s41717/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" if the air carrier was not providing such air transportation during the week of ","children":[{"t":"text","text":"November 1, 1999","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s41717/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" if the number of flights to be provided between such airports by the air carrier during any week will exceed the number of flights provided by the air carrier between such airports during the week of ","children":[{"t":"text","text":"November 1, 1999","tail":"; or"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s41717/b/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" if the air transportation to be provided under the exemption will be provided with a regional jet as replacement of turboprop air transportation that was being provided during the week of ","children":[{"t":"text","text":"November 1, 1999","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s41717/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Exemptions for New Entrant and Limited Incumbent Air Carriers.\u2014"},{"t":"para","id":"/us/usc/t49/s41717/c/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general.\u2014"},{"t":"content","text":"The Secretary shall grant, by order, 30 exemptions from the requirements under subparts K and S of part 93 of title 14, Code of Federal Regulations, to any new entrant air carrier or limited incumbent air carrier to provide air transportation to or from Chicago O\u2019Hare International Airport.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s41717/c/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Deadline for granting exemptions.\u2014"},{"t":"content","text":"The Secretary shall grant an exemption under paragraph (1) within 45 days of the date of the request for such exemption if the person making the request qualifies as a new entrant air carrier or limited incumbent air carrier.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s41717/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Slots Used To Provide Turboprop Service.\u2014"},{"t":"para","id":"/us/usc/t49/s41717/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general.\u2014"},{"t":"content","text":"Except as provided in paragraph (2), a slot used to provide turboprop air transportation that is replaced with regional jet air transportation under subsection (b)(3) may not be used, sold, leased, or otherwise transferred after the date the slot exemption is granted to replace the turboprop air transportation.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s41717/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Two-for-one exception.\u2014"},{"t":"content","text":"An air carrier that otherwise could not use 2 slots as a result of paragraph (1) may use 1 of such slots to provide air transportation.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s41717/d/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Withdrawal of slot.\u2014"},{"t":"content","text":"If the Secretary determines that an air carrier that is using a slot under paragraph (2) is no longer providing the air transportation that replaced the turboprop air transportation, the Secretary shall withdraw the slot that is being used under paragraph (2).","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s41717/d/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Continuation.\u2014"},{"t":"content","text":"If the Secretary determines that an air carrier that is using a slot under paragraph (2) is no longer providing the air transportation that replaced the turboprop air transportation with a regional jet, the Secretary shall withdraw the slot being used by the air carrier under paragraph (2) but shall allow the air carrier to continue to hold the exemption granted to the air carrier under subsection (b)(3).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s41717/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"International Service at O\u2019Hare Airport.\u2014"},{"t":"para","id":"/us/usc/t49/s41717/e/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Termination of requirements.\u2014"},{"t":"content","text":"Subject to paragraph (2), the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations, shall be of no force and effect at Chicago O\u2019Hare International Airport after ","children":[{"t":"text","text":"May 1, 2000","tail":", with respect to any aircraft providing foreign air transportation."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s41717/e/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Exception relating to reciprocity.\u2014"},{"t":"content","text":"The Secretary may limit access to Chicago O\u2019Hare International Airport with respect to foreign air transportation being provided by a foreign air carrier domiciled in a country to which an air carrier provides nonstop air transportation from the United States if the country in which that carrier is domiciled does not provide reciprocal airport access for air carriers.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s41717/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Stage 3 Aircraft Required.\u2014"},{"t":"content","text":"An exemption may not be granted under this section with respect to any aircraft that is not a Stage 3 aircraft (as defined by the Secretary).","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s41717/g","children":[{"t":"num","text":"(g)"},{"t":"heading","text":"Preservation of Certain Existing Slot-Related Air Service.\u2014"},{"t":"chapeau","text":"An air carrier that provides air transportation of passengers from Chicago O\u2019Hare International Airport to a small hub airport or nonhub airport, or to an airport that is smaller than a nonhub airport, on or before the date of the enactment of this subsection pursuant to an exemption from the requirements of subparts K and S of part 93 of title 14, Code of Federal Regulations (pertaining to slots at high density airports), or where slots were issued to an air carrier conditioned on a specific airport being served, may not terminate air transportation service for that route for a period of 1 year after the date on which those requirements cease to apply to such airport unless\u2014"},{"t":"para","id":"/us/usc/t49/s41717/g/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" before ","children":[{"t":"text","text":"October 1, 1999","tail":", the Secretary received a written air service termination notice for that route; or"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s41717/g/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" after ","children":[{"t":"text","text":"September 30, 1999","tail":", the air carrier submits an air service termination notice under section 41719 for that route and the Secretary determines that the carrier suffered excessive losses, including substantial losses on operations on that route during the calendar quarters immediately preceding submission of the notice."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}